Allowed

Safal Kumar Mishra @ Safal Mishra v. The State Of Bihar

Patna HC21 Jun 2018CR. MISC./49417/2012

Case brief

AI extract

What is this about?

In this quashing petition under Section 482 Cr.P.C., the Patna High Court quashed the dismissed discharge petition and entire criminal proceedings against the petitioner. The Court found the continuation to be harassment given the police lab report ruling out petitioner's handwriting and the lack of overt allegations.

What did the court decide?

Quashed impugned order dated 18.07.2012 rejecting discharge petition and the entire criminal proceeding against the petitioner.

Safal Kumar Mishra @ Safal Mishra Vs The State Of Bihar — Quashing and FIR | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.49417 of 2012

¶3

Arising Out of PS.Case No. -null Year- null Thana -null District- -

¶4

=========================================================== Safal Kumar Mishra @ Safal Mishra, son of late Sachchidanand Mishra, resident of Ward No.12, Narkatiaganj, P.S.-Shikarpur, District-West Champaran, Bettiah

¶5

.... .... Petitioner/s

¶6

Versus

¶7

The State of Bihar

¶8

.... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate Mr. Amit Kumar Mishra, Advocate For the Opposite Party/s : Mr. R. B. Roy Raman, APP

¶9

=========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 21-06-2018

¶10

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 18.07.2012 passed by the Judicial Magistrate, 1^st class, Bettiah, West Champaran, in Shikarpur P.S. Case No.13 of 2004 by which the learned Magistrate has rejected the discharge petition filed by the petitioner under Section 239 Cr. P. C. for his discharge.

¶11

Counsel for the petitioner has submitted that Raman Kumar Mishra, who is beneficiary in this case, as well as the petitioner are own step brother. It has further been submitted that no offence is made out in this case on the basis of allegation made in the written report. The police after investigation submitted final report in the case showing the petitioner innocent, but the Court

¶12

Patna High Court Cr.Misc. No.49417 of 2012 dt.21-06-2018

¶13

2/4

¶14

blow after differing with final report has taken cognizance. Thereafter, petitioner has filed petition under Section 239 Cr. P.C. for his discharge, which was rejected by the learned Court below.

¶15

Counsel for the petitioner further submits that petitioner and his step brother, Raman Kumar Mishra, have entered into compromise, which is annexed as Annexure-2.

¶16

The prosecution case on the basis of written report filed by ASI, Rameshwar Prasad Singh, of Shikarpur Police Station, is that in connection with Shikarpur P.S. Case No.91 of 1999, step brother of Mokhtar Raman Mishra, namely, Safal Mishra (petitioner) had used forged letter-head of the local MLA, Bhagirathi Devi, through someone else to implicate Raman Kumar Mishra in the said case due to previous enmity. The local MLA had denied that she had written any such letter to the Superintendent of Police.

¶17

Earlier to filing of this case, step brother of the petitioner, namely, Suman Kumar Mishra, had filed a case vide Shikarpur P.S. Case No.23 of 2003 in which the police after investigation had submitted final report saying the case as false with recommendation to prosecute the informant under Section 182, 211 of Indian Penal Code, which has been annexed as Annexure-3.

¶18

Counsel for the petitioner submits that during course of

¶19

Patna High Court Cr.Misc. No.49417 of 2012 dt.21-06-2018

¶20

3/4

¶21

investigation police sent the alleged forged document (letter-head of the local MLA) to the Police Laboratory, CID, Bihar, Patna, along with sample/specimen handwriting of the petitioner as signed in the alleged letter. As per report submitted by the Director of Police Laboratory, CID, Bihar, Patna, dated 13.10.2004, it was specifically concluded that petitioner’s specimen handwriting did not tally with the letter. Thereafter, the police found the case not true during investigation and submitted Final Report dated 10.11.2004, which has been annexed as Annexure-4.

¶22

The Court below has taken cognizance against the petitioner by order dated 20.08.2008 after differing with final report. Compromise Petition filed by the step brother of the petitioner, namely, Raman Kumar Mishra, is enclosed as Anenxure-2, wherein, it has been mentioned that he has no interest left in this case.

¶23

This Court after looking into the allegation in the written report finds that there is no allegation of any overt act against the petitioner.

¶24

Case diary was called for. The learned APP has submitted that in the case diary report of the Director, Police Laboratory, CID, Bihar Patna, is available in para 79 of the case diary, wherein, it is mentioned that specimen signature does not tally with the disputed writing.

¶25

Patna High Court Cr.Misc. No.49417 of 2012 dt.21-06-2018

¶26

4/4

¶27

In such circumstances, this Court is of the view that continuance of the criminal proceeding against the petitioner will be mere harassment and abuse of process of Court.

¶28

In view of such, impugned order dated 18.07.2012 passed by the Judicial Magistrate, 1^st class, Bettiah, West Champaran, in Shikarpur P.S. Case No.13 of 2004 along with entire criminal proceeding against the petitioner is hereby quashed.

¶29

This application is, accordingly, allowed .

¶30

(Sanjay Priya, J)

¶31

J.Alam/-

¶32

AFR/NAFR	AFR
CAV DATE	N/A
UploadingDate	03-07-2018
Transmission Date	03-07-2018

Safal Kumar Mishra @ Safal Mishra v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Safal Kumar Mishra @ Safal Mishra v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hasnath Vs The State Of Bihar

Sita Ram Yadav and Ors. Vs The State Of Bihar

Virit Bind @ Bhikhi Bind Vs The State Of Bihar

Anjana Devi @ Anjana Jha and Ors. Vs The State Of Bihar

Dheeraj Kumar Vs The State Of Bihar

Ram Kishun Yadav Vs The State Of Bihar